Council adopts floodplain ordinance changes to align with state and NFIP rules; variance path retained for historic properties

Asheville City Council voted unanimously to adopt proposed amendments to Chapter 7 of the city code that clarify floodplain permitting language and align local rules with the North Carolina model flood ordinance and National Flood Insurance Program (NFIP) requirements.

Amy Deaton presented the changes and told council staff categorized revisions as technical, conflict‑resolution (to align with state model language) and one potential substantive area related to a two‑foot freeboard requirement for certain rebuilding scenarios. Deaton said the amendments are intended to impose no substantive change beyond state or federal requirements while removing ambiguity and supporting the city’s continued participation in the NFIP.

Key clarifications included maintaining the one‑year “look back” period for calculating substantial damage and substantial improvement, and an explicit process for historic‑structure exemptions: properties with qualifying historic designation may seek variance relief from elevation requirements through the Board of Adjustment’s quasi‑judicial review process. Deaton said staff had expanded outreach after January 14 and created a Floodplain Assistance Support Team (FAST) to help property owners rebuild and navigate permitting (contact: FAST@AshevilleNC.gov).

Council members voiced concern about the burden the elevation requirements might place on small businesses in flood‑prone commercial areas. One councilor described the local reality in parts of the River Arts District, saying that after state and local elevation requirements are layered together, rebuilding existing commercial buildings could require raising structures “10 to 12 feet” in extreme cases. Several councilors said they were reluctant but felt compelled to act to preserve the city’s standing in the NFIP and to avoid jeopardizing federal disaster assistance and insurance discount status.

City staff cautioned that adopting an ordinance but delaying its effective date would likely be viewed as non‑compliant by the NFIP during the delay period and could risk the city’s program status. The city attorney and staff explained that the state building code will continue to apply regardless of local code timing, and that the chief risk of any delayed effective date is NFIP noncompliance.

Council member Ullman gave a lengthy explanation of his reluctant yes vote, citing both concern for small businesses and the practical need to preserve federal assistance and resilience standards. Following a motion to adopt the text amendments to Chapter 7, sections 7‑2‑4, 7‑2‑5 and 7‑12‑1, the council voted in favor; the motion passed unanimously.

Staff recommended the amendments as a way to make the floodplain rules clear and consistent with state and federal requirements and to facilitate grant and insurance eligibility in the recovery process.